People v. Johnson, 79 A.D.3d 1264 (N.Y. App. Div. 2010). · Go Syfert
People v. Johnson, 79 A.D.3d 1264 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
26 citation events (26 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Mero (nyappdiv, 2023-11-22)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 24 distinct citers.
discussed Cited as authority (rule) People v. Mero
N.Y. App. Div. · 2023 · confidence medium
A defendant who brings a motion to sever counts of an indictment that are joinable solely under CPL 200.20 (2) (c) must establish that good cause exists such that the court should, in the interest of justice, exercise its discretion to sever such counts from the other counts included in the same indictment ( see CPL 200.20 [3]; People v Smith , 147 AD3d 1527 , 1528 [4th Dept 2017], lv denied 29 NY3d 1087 [2017]; People v Johnson , 79 AD3d 1264, 1265 [3d Dept 2010], lv denied 16 NY3d 832 [2011]; People v Johnston , 273 AD2d 514, 516 [3d Dept 2000], lv denied 95 NY2d 935 [2000]).
discussed Cited as authority (rule) Moore v. Yehl
W.D.N.Y. · 2023 · signal: cf. · confidence medium
Cf. People v. Johnson, 911 N.Y.S.2d 713, 716 (3d Dep’t 2010) (sufficient corroboration where, among other things, “[p]olice found an operable .357 Magnum handgun in the river near where defendant stated he had disposed of the murder weapon,” and the medical examiner testified that the victim’s wounds “were consistent with a .357 bullet”).
discussed Cited as authority (rule) People v. Abdullah
N.Y. App. Div. · 2022 · confidence medium
Thus, we find that the evidence produced at trial was legally sufficient to support the convictions of criminal possession of a weapon in the third degree ( see People v Hernandez , 180 AD3d 1234, 1236 [2020], lv denied 35 NY3d 993 [2020]; People v Pinkney , 90 AD3d 1313, 1314-1315 [2011]; People v Johnson , 79 AD3d 1264, 1265 [2010], lvs denied 16 NY3d 832 [2011]; People v Erickson , 45 AD3d 902, 903 [2007], lv denied 9 NY3d 1033 [2008]). [FN2] As to the weight of the evidence, a different verdict would not have been unreasonable had the jury credited defendant's version of the events.
discussed Cited as authority (rule) People v. Meadows
N.Y. App. Div. · 2020 · confidence medium
Notwithstanding defendant's conflicting testimony that the gun did not belong to him, we find that the weight of the evidence supports his convictions of criminal possession of a weapon in the second and third degrees ( see Penal Law §§ 265.02 [1]; 265.03 [1] [b]; People v McCoy , 169 AD3d 1260 , 1264 [2019], lv denied 33 NY3d 1033 [2019]; People v Johnson , 79 AD3d 1264, 1265 [2010], lv denied 16 NY3d 832 [2011]).
discussed Cited as authority (rule) People v. Meadows
N.Y. App. Div. · 2020 · confidence medium
Notwithstanding defendant's conflicting testimony that the gun did not belong to him, we find that the weight of the evidence supports his convictions of criminal possession of a weapon in the second and third degrees ( see Penal Law §§ 265.02 [1]; 265.03 [1] [b]; People v McCoy , 169 AD3d 1260 , 1264 [2019], lv denied 33 NY3d 1033 [2019]; People v Johnson , 79 AD3d 1264, 1265 [2010], lv denied 16 NY3d 832 [2011]).
discussed Cited as authority (rule) Gerber v. Empire Scale
N.Y. App. Div. · 2017 · confidence medium
Although the affidavits submitted by defendant contained some hearsay statements (see generally People v Johnson, 79 AD3d 1264, 1266-1267 [2010], lv denied 16 NY3d 832 [2011]), defendant established through nonhearsay evidence that it did not use plaintiff’s confidential information to solicit plaintiff’s customers in violation of the nondisclosure agreement.
discussed Cited as authority (rule) Gerber v. Empire Scale
N.Y. App. Div. · 2017 · confidence medium
Although the affidavits submitted by defendant contained some hearsay statements (see generally People v Johnson, 79 AD3d 1264, 1266-1267 [2010], lv denied 16 NY3d 832 [2011]), defendant established through nonhearsay evidence that it did not use plaintiff’s confidential information to solicit plaintiff’s customers in violation of the nondisclosure agreement.
discussed Cited as authority (rule) People v. Scippio
N.Y. App. Div. · 2016 · confidence medium
Inasmuch as the People proved the voluntariness of defendant’s statements beyond a reasonable doubt and those statements were sufficiently corroborated, and according appropri *1187 ate deference to the jury’s credibility determinations (see People v Lind, 133 AD3d 914, 917 [2015], lv denied 27 NY3d 1153 [2016]), we are satisfied that the verdict was not against the weight of the evidence (see People v Hawkins, 110 AD3d at 1243 ; People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]).
discussed Cited as authority (rule) People v. Hawkins
N.Y. App. Div. · 2013 · confidence medium
We find that defendant’s statement was voluntary and sufficiently corroborated, providing legally sufficient evidence for the verdict, and, giving deference to the jury’s credibility determinations, the verdict was not against the weight of the evidence (see People v Bianca, 91 AD3d 1127, 1127-1128 [2012], lv denied 19 NY3d 862 [2012]; People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]).
discussed Cited as authority (rule) People v. Hawkins
N.Y. App. Div. · 2013 · confidence medium
We find that defendant’s statement was voluntary and sufficiently corroborated, providing legally sufficient evidence for the verdict, and, giving deference to the jury’s credibility determinations, the verdict was not against the weight of the evidence (see People v Bianca, 91 AD3d 1127, 1127-1128 [2012], lv denied 19 NY3d 862 [2012]; People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]).
discussed Cited as authority (rule) People v. Wilbur
N.Y. App. Div. · 2013 · confidence medium
Such additional proof, which “need not establish guilt or every detail of the crime or confession” (People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]), “may be found in the presence of defendant at the scene of the crime, his guilty appearance afterward, or other circumstances supporting an inference of guilt” (People v Baltes, 75 AD3d at 659 [internal quotation marks and citation omitted]; see People v Flemming, 101 AD3d at 1485).
discussed Cited as authority (rule) People v. Wilbur
N.Y. App. Div. · 2013 · confidence medium
Such additional proof, which “need not establish guilt or every detail of the crime or confession” (People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]), “may be found in the presence of defendant at the scene of the crime, his guilty appearance afterward, or other circumstances supporting an inference of guilt” (People v Baltes, 75 AD3d at 659 [internal quotation marks and citation omitted]; see People v Flemming, 101 AD3d at 1485).
discussed Cited as authority (rule) People v. Flemming
N.Y. App. Div. · 2012 · confidence medium
Such additional proof, however, “need not establish guilt or every detail of the crime or confession” (People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]); rather, the corroboration requirement “is satisfied by the production of some proof, of whatever weight, that a crime was committed by someone” (People v Daniels, 37 NY2d 624, 629 [1975]; accord People v Thompson, 75 AD3d 760, 764 [2010], lv denied 15 NY3d 893 , 894, 896 [2010]; see People v Baltes, 75 AD3d 656, 659 [2010], lv denied 15 NY3d 918 [2010]; People v Brown, 20 AD3d 577, 578 [2005], lv denied 5 NY3d…
discussed Cited as authority (rule) People v. Mateo
N.Y. App. Div. · 2012 · confidence medium
While we agree that the proposed testimony was admissible because defendant was not seeking to introduce it for its truth (see People v Johnson, 79 AD3d 1264, 1266-1267 [2010], lv denied 16 NY3d 832 [2011]; People v Howard, 299 AD2d at 648 ; People v Bruner, 222 AD2d 738 , 739 [1995], lv denied 88 NY2d 981 [1996]), its exclusion was harmless since it would only have been relevant to the burglary and robbery charges on which defendant was acquitted.
discussed Cited as authority (rule) People v. Flemming
N.Y. App. Div. · 2012 · confidence medium
Such additional proof, however, “need not establish guilt or every detail of the crime or confession” (People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]); rather, the corroboration requirement “is satisfied by the production of some proof, of whatever weight, that a crime was committed by someone” (People v Daniels, 37 NY2d 624, 629 [1975]; accord People v Thompson, 75 AD3d 760, 764 [2010], lv denied 15 NY3d 893 , 894, 896 [2010]; see People v Baltes, 75 AD3d 656, 659 [2010], lv denied 15 NY3d 918 [2010]; People v Brown, 20 AD3d 577, 578 [2005], lv denied 5 NY3d…
discussed Cited as authority (rule) People v. Mateo
N.Y. App. Div. · 2012 · confidence medium
While we agree that the proposed testimony was admissible because defendant was not seeking to introduce it for its truth (see People v Johnson, 79 AD3d 1264, 1266-1267 [2010], lv denied 16 NY3d 832 [2011]; People v Howard, 299 AD2d at 648 ; People v Bruner, 222 AD2d 738 , 739 [1995], lv denied 88 NY2d 981 [1996]), its exclusion was harmless since it would only have been relevant to the burglary and robbery charges on which defendant was acquitted.
discussed Cited as authority (rule) People v. Jaeger
N.Y. App. Div. · 2012 · confidence medium
Defendant’s testimony presented credibility issues that the jury reasonably resolved against him and, upon viewing the evidence in a neutral light and according deference to those credibility determinations, we are satisfied that defendant’s convictions are supported by the weight of the evidence (see People v Underdue, 89 AD3d 1132, 1133 [2011]; People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]; People v Rosado, 36 AD3d 965, 966-967 [2007], lv denied 9 NY3d 993 [2007]).
discussed Cited as authority (rule) People v. Jaeger
N.Y. App. Div. · 2012 · confidence medium
Defendant’s testimony presented credibility issues that the jury reasonably resolved against him and, upon viewing the evidence in a neutral light and according deference to those credibility determinations, we are satisfied that defendant’s convictions are supported by the weight of the evidence (see People v Underdue, 89 AD3d 1132, 1133 [2011]; People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]; People v Rosado, 36 AD3d 965, 966-967 [2007], lv denied 9 NY3d 993 [2007]).
discussed Cited as authority (rule) People v. McCottery
N.Y. App. Div. · 2011 · confidence medium
Those statements were not hearsay because they were not offered for their truth but were admitted to show the effect on the hearers, namely how the police responded to the situation and why they took certain actions (see People v Abare, 86 AD3d 803, 805 [2011]; People v Johnson, 79 AD3d 1264, 1266-1267 [2010], lv denied 16 NY3d 832 [2011]).
discussed Cited as authority (rule) People v. Underdue
N.Y. App. Div. · 2011 · confidence medium
Upon our evaluation of all of the evidence in a neutral light, giving deference to the jury’s credibility determinations and considering the probative force of the evidence and the relative strength of the conflicting inferences that may be drawn from the evidence, the convictions were not against the weight of the evidence (see People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]; People v Race, 78 AD3d 1217, 1221 [2010], lv denied 16 NY3d 835 [2011]; People v Scott, 47 AD3d 1016, 1017-1019 [2008], lv denied 10 NY3d 870 [2008]).
discussed Cited as authority (rule) People v. Abare
N.Y. App. Div. · 2011 · confidence medium
In both instances, we find that County Court properly overruled defendant’s objections, finding that the statements were not offered for their truth but, instead, to explain the actions taken by the resident and the officer thereafter (see People v Johnson, 79 AD3d 1264, 1266-1267 [2010], Iv denied 16 NY3d 832 [2011]).
discussed Cited "see" People v. Lapi
N.Y. App. Div. · 2013 · signal: see · confidence high
Defendant’s claim that the victim’s testimony was not sufficiently detailed is unavailing, as the corroborating proof “need not establish guilt or every detail of the crime or confession . . . [and] is satisfied by the production of some proof, of whatever weight, that a crime was committed by someone” (People v Flemming, 101 AD3d 1483, 1485 [2012] [internal quotation marks and citations omitted]; see People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]).
discussed Cited "see" People v. Lapi
N.Y. App. Div. · 2013 · signal: see · confidence high
Defendant’s claim that the victim’s testimony was not sufficiently detailed is unavailing, as the corroborating proof “need not establish guilt or every detail of the crime or confession . . . [and] is satisfied by the production of some proof, of whatever weight, that a crime was committed by someone” (People v Flemming, 101 AD3d 1483, 1485 [2012] [internal quotation marks and citations omitted]; see People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]).
discussed Cited "see, e.g." People v. Cayea
N.Y. App. Div. · 2018 · signal: compare · confidence medium
Inasmuch as the proffered testimony of the victim's prior boyfriend and friends constituted inadmissible hearsay, County Court properly precluded the admission thereof ( see People v Ramsaran , 154 AD3d 1051, 1052 [2017], lv denied 30 NY3d 1063 [2017]; compare People v Johnson , 79 AD3d 1264, 1266-1267 [2010], lvs denied 16 NY3d 832 [2011]).
The People of the State of New York
v.
Jamar Johnson, Also Known as Jams
Appellate Division of the Supreme Court of the State of New York.
Dec 9, 2010.
79 A.D.3d 1264
McCarthy.
Cited by 26 opinions  |  Published
McCarthy, J.

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered January 16, 2009 in Albany County, upon a verdict convicting defendant of the crimes of murder in the second degree, conspiracy in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree.

The husband of Tammara McCoy, defendant’s girlfriend, was fatally shot in the head. In connection with this homicide, defendant was charged with murder in the second degree, manslaughter in the first degree, conspiracy in the second degree and criminal possession of a weapon in the second degree. As part of the same indictment, he was charged with criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree for possessing two handguns that were apparently not used in the murder. Supreme Court denied defendant’s motion to sever those two[*1265] counts. At the end of a trial, the jury acquitted defendant of the count of criminal possession of a weapon in the second degree for a handgun unrelated to the murder, did not address the lesser-included manslaughter count, and convicted him of the other counts. Defendant appeals.

Supreme Court did not abuse its discretion by refusing to sever two counts of the indictment. Those counts were properly joinable because they are defined by the same or similar statutory provisions as the count of criminal possession of a weapon in the second degree related to the handgun used to commit the murder (see CPL 200.20 [2] [c]). Under those circumstances, the decision regarding severance rested in the court’s sound discretion (see CPL 200.20 [3]; People v Nickel, 14 AD3d 869, 870 [2005], Iv denied 4 NY3d 834 [2005]). Defendant testified as to all of the charges, demonstrating that he was not persuaded against testifying on any count due to the joinder (see CPL 200.20 [3] [b]). The jury acquitted him of one of the weapon charges, showing that the jury could separately consider the proof on each count (see CPL 200.20 [3] [a]). Thus, the court did not abuse its discretion in denying the severance motion.

The evidence was legally sufficient to support the count for criminal possession of the weapon unrelated to the murder, and the verdict was not against the weight of the evidence. Upon executing a search warrant at defendant’s apartment, the police discovered a shoe box in the closet. The box contained two handguns, ammunition and personal papers. The handgun at issue was test-fired and found to be operable. Defendant’s landlord testified that no one other than defendant lived in the apartment, establishing his dominion and control over the closet where the contraband was located (see People v Carter, 74 AD3d 1375, 1377-1378 [2010], Iv denied 15 NY3d 772 [2010]; People v Edwards, 39 AD3d 1078, 1079 [2007]). This evidence was legally sufficient to establish the charge (see Penal Law § 265.02 [1]).* Defendant testified that only he and his minor son lived in the apartment. He testified that the shoebox and paperwork were his, but that he did not own the handguns or ammunition and he was certain that they did not belong to his young son. He had never seen the guns and implied that they were placed there during a recent break-in or planted by the police. The jury disbelieved defendant’s testimony denying knowledge or ownership of the guns, instead crediting that of the officers. Accepting these credibility determinations, the weight of the evidence supported the verdict on this count (see People v Carter, 74 AD3d at 1377-1378).

[*1266] The murder, conspiracy and weapon charges were supported by the evidence. Several officers testified that defendant gave an oral statement confessing to these crimes. A typewritten, but unsigned, copy of the statement was admitted into evidence. In that statement, defendant admitted that he and McCoy planned to kill the victim and defendant shot the victim with a .357 Magnum handgun. While a defendant may not be convicted solely based upon his or her own confession without additional proof that the offense has been committed (see CPL 60.50), the corroborating proof need not establish guilt or every detail of the crime or confession, and need only show that the crime has been committed by someone (see People v Cole, 24 AD3d 1021, 1024-1025 [2005], Iv denied 6 NY3d 832 [2006]). It was undisputed that the victim was fatally shot. A restaurant employee remembered McCoy and the victim as customers a short time before the shooting. Phone records show numerous calls between defendant and McCoy at times consistent with communications noted in defendant’s statement, including when McCoy was leaving the restaurant and as soon as she got out of her car in the parking lot where the shooting occurred. Witnesses saw McCoy exiting her car within moments of the shooting. Police found an operable .357 Magnum handgun in the river near where defendant stated he had disposed of the murder weapon. The medical examiner testified that he could not be certain of the caliber of weapon that killed the victim, but the wounds were consistent with a .357 bullet. Police also discovered defendant’s clothing in a garbage bag inside a dumpster by his apartment, consistent with his statement of how he had disposed of the clothing he wore during the murder. No witness could identify the murderer, but several witnesses testified that the shooter wore clothing consistent with that found by police in the dumpster. Although the eyewitnesses offered inconsistent versions of the incident, they each offered some details that were consistent with defendant’s statement or the testimony of other eyewitnesses. Defendant’s testimony provided the jury with his version of his whereabouts on the evening of the murder; he testified that the statement was fabricated by police and that he did not commit any of the alleged crimes. Giving deference to the jury’s credibility determinations, defendant’s confession was sufficiently corroborated and the verdict was not against the weight of the evidence (see People v Rosado, 36 AD3d 965, 966-967 [2007], Iv denied 9 NY3d 993 [2007]).

Supreme Court did not err in overruling defendant’s hearsay objection to a police officer’s testimony. Hearsay is defined as an out-of-court statement introduced to prove the truth of the mat[*1267] ter asserted therein (see Nucci v Proper, 95 NY2d 597, 602 [2001]; People v Brensic, 70 NY2d 9, 14 [1987]). The officer testified that, during his interview of defendant at the police station, McCoy appeared in the doorway and told defendant to “[t]ell the truth.” This sentence was a command, not a statement that can be proven true or false. Even so, it was offered here to show its effect on defendant, namely that he cried, changed his story and confessed to the crimes after McCoy spoke to him (see People v Howard, 299 AD2d 647, 648 [2002], Iv denied 99 NY2d 629 [2003]). As the sentence uttered was not hearsay, the court properly overruled defendant’s objection.

Spain, J.E, Kavanagh, Stein and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.

Defendant acknowledged prior to trial that he had previously been convicted of a crime.